Prevention is not always possible; litigation sometimes results. FCI Consulting provides expert witness testimony to either side of litigants in ADAAA/FEHA compliance cases, when the adequacy of the Interactive Process for Reasonable Accommodation is challenged or when the employer's efforts must be expertly defended.

I work on a fee-for-service basis (hourly or value-based, negotiable by project), in these principal capacities.

1. I serve employers and insurers as an Interventional Disability Case Manager. I can step into an existing complex work status case at the request of an employer, healthcare professional/physician, third-party payer or labor union to assess the situation, mediate the conflict, provide clarity, guidance and practical help, just-in-time.

2. Broader, organizational and program-based consulting services. I provide support to third party or managed care companies contractually engaged to provide preventive, post-claim and SAW-RTW services to employers. These serves include program assessment, design modification and implementation.

3. Litigation Consultation/Expert Witness testimony in civil disability discrimination cases in workplace proceedings; litigated Workers Comp.. I will even-handedly serve either side of any case, as requested by counsel for the defendant/employer, or for the plaintiff/applicant. I have mediated workplace disputes and have otherwise served both disputing sides: employer and employee. My integrity lies in applying expert knowledge to illuminating the truths found in the sworn facts of each case.

Alternative Dispute Resolution leading toward a mutually acceptable and sustainable outcome honors all participants. Delivering expert testimony when unresolved disputes turn to litigation educates the litigants and contributes to resolution.

Interventional or Specialty Disability Case Management services provide a distinctive capacity to step into an existing, complex actual or potential lost work time case, to assess the situation and its benefit program parameters (workers comp/SSD/private disability insurance) provide SAW-RTW guidance and technical help to achieve timely, sustainable resolution. By a customized intervention practice that recovers and builds trust among the key parties, damaging conflicts are ameliorated and a success-oriented, team approach will prevail.

A tireless champion for early, proactive and educational interventions in workplace issues of all kinds, FCI Consulting is dedicated to helping organizations exercise their unique ability to prevent expensive and acrimonious litigation.

Interventions are best accomplished where the challenges originate:

In this familiar, interdisciplinary intersection of business/organizational practices, policies and procedures; compliance with civil and labor laws guiding employment practices; ADAAA/FEHA/FMLA compliance and Workers Compensation. Medical/clinical decision-making and activity guidance close the circle.

FCI supports an employers successful prevention of needless work disability and its avoidance of disability discrimination through affirming obligations of all stakeholders: the employer, affected employees and medical providers. Pursuing steps in sequence prevents cracks to fall through.

FCI Consulting emphasizes prevention of work disability in fulfillment of absence management obligations (Workers Compensation, ADAAA/FEHA and FMLA compliance.) FCI Consulting will deliver customized interventions to remedy work disruptions resulting from functional impairment, disability work absence and conflicts that have already taken hold.

With just-in-time interventions, Robin M. Nagel, Managing Principal of FCI Consulting will teach, model and coach the stakeholders through the process, encouraging their competency to continue this particular engagement, with little or no further assistance. All parties appreciate discovering they hold the keys to solving these workplace problems, with impartial guidance.

A value-added benefit is the employers ability to rely on a now-familiar, straightforward process in the event of encountering similar work disability circumstances in its future. Learn a best practice by doing it right!

Interventional Services, Tier Two: Progressing from Tier One (TTWA development with timely medical activity guidance), or from case initiation, presumption of durable or long-term impairment/disruption of essential work functions: Interactive Process for Reasonable Accommodation.

Honors

Publications

Co-Authored, &#34;How to Engage in t he Interactive Process - A Field Guide for California Employers&#34; with (employment defense) attorney Jennifer Redmond, Esq. of San Francisco

Revised/Updated Co-Authored, &#34;How to Engage in the Interactive Process - An Employers&#39; Field Guide to Disability Acco0mmodation in the Workplace&#34; with (employment defense) attorney Jennifer Redmond, Esq. of San Francisco

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